The 1970 Convention is the first international instrument dedicated to countering illicit trafficking of cultural property in times of peace. It has been ratified by 132 Countries, among which Italy, in 1978.
For the purposes of this Convention, the term `cultural property' means property which, on religious or secular grounds, is specifically designated by each State as being of importance for archaeology, prehistory, history, literature, art or science. Moreover, such properties belong to specific cathegories, as for example: products of archaeological excavations or antiquities more than one hundred years old.
The 1970 Convention requires its States Parties to take action in these main fields:
1.Preventive measures on the national territory:
a) imposition of penal or administrative sanctions; creation of data bases, inventories, trade regulations; training of national police force, customs officers,;
b) encouraging the establishment or reinforcement of museums or other institutions for the conservation of cultural property;
c) establishing specific instruments, educational and awareness campaigns
2. Checking upon cultural property circulation (use of export certificates, prohibition of exporting cultural property stolen to museums or institutions, implementing specific measures in case of natural disasters or plundering, establishing ownership records for each property, etc.)
3. Fostering restitution of stolen or illicitly acquired cultural property under given conditions and promoting international cooperation (seizure of stolen property, strengthening of bilateral agreements etc.)
Organs
The Meeting of States Parties to the Convention is the sovereign body of the Convention. It provides strategic orientations for the implementation of the Convention and takes all measures it deems necessary for the promotion of its objectives.
The Subsidiary Committee was created in the month of June 2012 with the purpose of promoting the objectives of the Convention. Among others, it is in charge of reviewing the national reports submitted to the General Conference by the States Parties to the Convention and to draft guidelines that can help in implementing the Convention.
- The 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects) is a complementary instrument to the 1970 Convention in the field of private law.
Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation
UNESCO Member States which have lost certain cultural objects of fundamental significance and are calling for their restitution or return, in cases where international conventions cannot be applied, may call on the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation.
The Committee shall be responsible for
- seeking ways and means of facilitating bilateral negotiations for the restitution or return of cultural property to its countries of origin. In this connection, the Committee may also submit proposals with a view to mediation or conciliation to the Member States concerned;
- promoting multilateral and bilateral cooperation with a view to the restitution and return of cultural property to its countries of origin, namely with the support of the Intergovernmental Committee’s Fund;
- fostering public information campaigns;
- developing practical and juridical instruments - for ex. measures stating the all unearthed cultural property is owned by its Country of origin, or dispositions to tackle illicit trafficking on the internet
- promoting exchanges of cultural property
